Madras High CourtWP/31941/2024disposed of

K.Rani v. The State Of Tamil Nadu

2024-10-25Honourable Mr Justice N. Anand Venkatesh6 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 25.10.2024

CORAM

THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH K.Rani W/o.C.Ambalavanan ... Petitioner Vs.

1.The State of Tamil Nadu, represented by Principal Secretary to Government, School Education Department, Secretariat, Chennai - 600 009.

2.The Accountant General/(A&E), Office of the Principal Accountant General, Anna Salai, Teynampet, Chennai - 600 018.

3.The Joint Director (Vocational), DPI Campus, College Road, Chennai - 600 006.

4.The Chief Educational Officer, Thiruvannamalai, Thiruvannamalai District.

5.The District Educational Officer, Cheyyar, Thiruvannamalai District.

6.The Headmaster, Government Boys High School, Pallavaram, Thiruvannamalai District.

... Respondents 1/6

Writ Petition filed under Article 226 of the Constitution of India seeking issuance of a Writ of Mandamus directing the fifth respondent to send revised pension proposal to the second respondent taking 50% of temporary period of service (i.e. from 02.06.1982 to 04.12.1996), along with service rendered in time scale of pay as qualifying service and further sanction revised pension and also arrears in the light of W.A.No.2907 of 2019, by considering the petitioner's representation dated 08.07.2024.

For Petitioner : Mr.P.Murali For Respondents : Mrs.S.Mythreye Chandru Special Government Pleader [R1, R3 to R6] Mrs.J.Sreevidhya, Standing Counsel [R2] *****

O R D E R

This writ petition has been filed seeking issuance of a writ of mandamus directing the fifth respondent to send the revised pension proposal to the second respondent by taking 50% of the temporary period of service from 02.06.1982 to 04.12.1996 along with the service rendered by the petitioner in the time scale of pay as qualifying service and sanction revised pension and also the arrears in the light of the judgment passed in W.A.No.2907 of 2019 and by considering the petitioner's representation dated 08.07.2024.

2/6

2. Heard Mr.P.Murali, learned counsel for petitioner, Mrs.S.Mythreye Chandru, learned Special Government Pleader appearing for respondents 1, 3 to 6 and Mrs.J.Sreevidhya, learned Standing Counsel appearing for second respondent.

3. The case of the petitioner is that she was appointed as Vocational Instructor on temporary basis in the year 1982. Thereafter, she was appointed as B.T.Teacher in the year 1996. The petitioner retired from service on 31.04.2014. The grievance of the petitioner is that she is entitled for pension by counting 50% of the temporary service rendered by her for the period from 02.06.1982 to 04.12.1996 along with the service rendered by her in the time scale of pay. The representation made by the petitioner in this regard did not evoke any response. Hence, the petitioner has filed the present writ petition.

4. Taking into consideration the facts and circumstances of the case and the materials placed before this Court, there shall be a direction to the fifth respondent to deal with the representation made by the petitioner on 08.07.2024 and if the petitioner is found eligible, the revised pension proposal shall be forwarded to the second respondent. 3/6

On receipt of the same, the second respondent shall pass final orders. The entire process shall be completed within a period of twelve (12) weeks from the date of receipt of a copy of this order.

5. The petitioner is directed to make a fresh representation to respondents 2 and 5 along with all the relevant records and also a copy of this order.

This writ petition is disposed of with the above direction. No costs.

25.10.2024 Index: Yes/no Speaking Order/Non-Speaking Order gm To 1.The Principal Secretary to Government, School Education Department, Secretariat, Chennai - 600 009.